HC: Patna HC's notice to Revenue in writ challenging 'Net ITC' definition under Rule 89 (5)

Aug 09,2019

Patna HC hears writ challenging Explanation (a) to Rule 89 (5) of Bihar GST Rules, 2017 which denies refund of unutilized ITC in respect of tax paid on input services in case of inverted duty structure; Petitioner contention is that said Rule contravenes section 54 (3) of the BGST Act, 2017 by giving a restrictive definition to "Net ITC"; Noting that Revenue is the process of filing counter-affidavit, allows assessee to respond to the same while clarifying that clai...

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